Section 12-G309. PEST ELIMINATION

Strike Section 309 of the International Property Maintenance Code in its entirety and insert new Section 309 in the Property Maintenance Code in its place to read as follows:

 

309.1 Infestation.  All structures shall be kept free from insect and rodent infestation. The maintenance of all structures in a reasonably insect-free and rodent-free state shall be the responsibility of the owner and occupant or tenant.  All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken by the owner and occupant or tenant to prevent re-infestation.

 

309.2 Owner.  The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.

 

309.3 Single occupant.  The occupant of a one-family dwelling or of a single-tenant non-residential structure shall be responsible for extermination on the premises.

 

309.4 Non-residential multiple occupancy.  The owner of a non-residential structure containing multiple occupants shall maintain the public or shared areas of the structure and exterior property free from insects, rodents and rodent harborages. It shall be the responsibility of each occupant to maintain the area occupied in a safe and sanitary condition so as to minimize the potential for infestation by insects or rodents.

 

309.4.1 Infestation.  If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination; or, where the infestation is caused by defects in the structure, the owner shall be responsible for extermination.

 

Exception:  A lease between owner and occupant may assign responsibility for extermination.

 

309.5 Residential multiple occupancy.  The owner of a structure containing two or more sleeping units or dwelling units, a Group R occupancy (other than a single-family dwelling)  or a rooming house, shall maintain the public or shared areas of the structure and exterior property free from insects, rodents and rodent harborages.  In addition, the owner shall provide regular extermination services that may be utilized by the occupant of each dwelling upon reasonable request.  Each occupant shall maintain the occupied areas in a safe and sanitary condition so as to minimize the potential for infestation by insects or rodents, promptly report any infestation to the owner and request and allow the extermination services provided by the owner.

 

309.5.1 Multiple sleeping unit or dwelling unit infestation.  Where more than one sleeping unit or dwelling unit in a structure is infested with insects or rodents, the owner shall provide extermination services at the owner’s expense.

 

309.5.2 Single sleeping unit or dwelling unit infestation.  Where only one sleeping unit or dwelling unit is infested, and there is evidence that the occupant has not kept their sleeping unit or dwelling unit in a safe and sanitary condition, the owner may charge the occupant for the cost of the extermination services in that sleeping unit or dwelling unit.

 

309.5.3 Owner responsibility.  Where the owner fails to provide regular extermination services that may be utilized by the occupant upon reasonable request, the owner shall pay for all extermination services as are required.

 

 

authority

Section 10 of the Construction Codes Approval and Amendments Act of 1986 (Act), effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code § 6-1409 (2012 Repl.)) and Mayor’s Order 2009-22, dated February 25, 2009, as amended.

source

Final Rulemaking published at 61 DCR 3196 (March 28, 2014 – Part 2); as corrected by Errata Notice published at 61 DCR 5246 (May 23, 2014).

EditorNote

The District of Columbia Property Maintenance Code (2013), referred to as the “Property Maintenance Code,” consists of the 2012 edition of the International Property Maintenance Code, published by the International Code Council (ICC), as amended by the District of Columbia Property Maintenance Code Supplement (2013) (12 DCMR G). The International Property Maintenance Code is copyrighted by the ICC and therefore is not republished here. However, a copy of the text may be obtained at: http://publicecodes.cyberregs.com/icod/ipmc/2012/index.htm?bu=IC-P-2012-000006&bu2=IC-P-2012-000019.